| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA | |
| CA322/2022 [2025] NZCA 104 | |
| BETWEEN | ANTONY IVO ARNERICH |
| AND | DHC ASSETS LIMITED |
| Hearing: | 21 June 2023 |
Court: | Goddard, Brewer and Osborne JJ |
Counsel: | R J Hollyman KC and J D Mcbride for Appellant |
Judgment: | 9 April 2025 at 3.00 pm |
JUDGMENT OF THE COURT
AMr Arnerich’s appeal is allowed in part.
BDHC’s cross-appeal is allowed in part.
C The order made by the High Court at [128](a)(iv) of the second High Court judgment is set aside, and replaced with an award of the amount of P&G costs actually recovered by Vaco from ASB by payment or credit, and not already paid to DHC or included in the amount awarded by the adjudicator, plus GST on that amount.
DThe order made by the High Court at [128](a)(v) of the second High Court judgment is set aside, and replaced with an order that DHC is entitled to statutory interest on the amount referred to in the substituted order set out above from the date on which the relevant payment or credit was received by Vaco until the date of payment.
EThe proceeding is remitted back to the High Court to determine the amounts payable pursuant to the substituted orders set out above.
FThe order for costs in the High Court is set aside. Costs in that Court are to be determined by that Court in light of this judgment.
GCosts in this Court are reserved, and are to be determined in accordance with the process set out at [308] of this judgment.
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REASONS OF THE COURT
(Given by Goddard J)
Table of contents
Para no
Introduction and summary
Background
DHC’s proceedings against Mr Arnerich
Summary
Background
The Lincoln Road project and the construction contract
DHC carries out the construction work — disputes develop
Further payment claims and disputes
DHC’s letter to Mr Beagley (6 March 2013) enclosing extension of time related materials and submissions
DHC’s Final Payment Claim — Payment Claim 17
Vaco sale of Lincoln Road property
Payments made by Vaco following sale of Lincoln Road property
Final Payment Schedule 17
DHC’s follow-up email on 8 August 2013
Liquidation of Vaco
Adjudication proceedings
DHC refers its claims to arbitration
DHC’s proceedings against Mr Arnerich
DHC’s allegations against Mr Arnerich
Mr Arnerich’s defence
First High Court judgment
Breach of s 131 of the Companies Act
Relief under s 301 of the Companies Act
Court of Appeal 2021 judgment
Second High Court judgment
DHC’s claims at the second hearing
Mr Arnerich’s response at the second hearing
The Judge’s decision
Issues on appeal
The construction contract
Does the adjudicator’s determination conclusively determine certain issues?
The issue
Submissions
Discussion
Did the construction contract permit DHC to claim extensions of time for delays caused by variations?
The issue
Submissions
Discussion
Has DHC established an entitlement to extension(s) of time?
The issue
Discussion
Did the construction contract provide for DHC to…
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- AGLC
- Arnerich v DHC Assets Limited [2025] NZCA 104
- Case
- [2025] NZCA 104
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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